- Once the tenant has moved out, a landlord can still recover arrears and damage — but usually through an L10 application to the Landlord and Tenant Board, filed within one year of the tenancy ending.
- If the LTB route is missed or unavailable, Small Claims Court is the alternative for amounts up to $50,000.
- You generally cannot pursue the same debt in both forums — choose the right one.
- A judgment or order is only half the battle — enforcement (garnishment, seizure) is how you actually get paid.
- A former tenant's current address, employer, or bank is often the key to collecting, so gather that information early.
The Short Answer
When a tenant moves out owing money, the debt survives the tenancy. A landlord can recover arrears and damage through an L10 application to the Landlord and Tenant Board — generally filed within one year of the tenant leaving — or, where that route is unavailable, through Ontario Small Claims Court for amounts up to $50,000. You cannot pursue the same debt in both. And winning is only half the job: an order still has to be enforced. Our landlord and tenant lawyers help landlords choose the right forum and actually collect.
The L10 Application
The L10 is the Landlord and Tenant Board application designed for exactly this situation: a landlord claiming rent arrears and/or compensation from a tenant who has already moved out. It keeps the matter within the LTB's specialized process rather than starting fresh in court. To use it, you generally must be within one year of the tenancy ending.
The One-Year Deadline
An L10 generally must be filed within one year of the tenant vacating. Miss it and the LTB route may close — leaving Small Claims Court (with its own two-year limitation period) as the alternative. Do not sit on the debt.
When to Use Small Claims Court
Small Claims Court handles money claims up to $50,000 and is the natural alternative when the L10 window has passed, when the matter is more complex, or when it falls outside what the LTB can decide. The trade-off is that court is a different process with its own procedure and timelines — but it remains a powerful option for recovering what a former tenant owes.
If Small Claims Court is the right route, see our Ontario Small Claims Court guide for how the process works, from filing to enforcement.
LTB or Small Claims?
| Factor | LTB (L10) | Small Claims Court |
|---|---|---|
| Deadline | Generally 1 year from move-out | Generally 2 years from discovery |
| Maximum amount | Arrears/compensation per the Act | Up to $50,000 |
| Best when | Recent move-out, within a year | Window missed, larger or complex claim |
| Same debt in both? | No — choose one forum for a given debt | |
Actually Collecting the Money
An LTB order or a court judgment is a right to be paid, not payment itself. If the former tenant does not pay voluntarily, you enforce it — commonly by garnishing wages or a bank account, or through other enforcement steps available in Small Claims Court. Enforcement succeeds when you can point to income or assets, which is why knowing where the person works or banks is so valuable.
Practical Tips Before You File
- Keep a clean rent ledger showing exactly what is owed and when
- Hold onto the lease, notices, and proof of service
- Gather the tenant's forwarding address, employer, and any banking details you legitimately have
- Document any damage with dated photos and repair invoices
- Weigh likely recovery against cost — a quick consult can tell you if it is worth pursuing
If You Are the Former Tenant
- Do not ignore an L10 or a claim — an order or judgment can be enforced against your wages and accounts
- Check the numbers against your own records; you can dispute an inflated claim
- Raise legitimate offsets (for example, an improperly withheld deposit or unaddressed repairs)
- If you owe part of it, a realistic payment proposal is often better than a default order
Common Mistakes
Waiting too long can close the LTB route and force you into court instead.
You generally cannot pursue the same debt at the LTB and in Small Claims Court — pick the right one.
Vague or inconsistent records make arrears hard to prove. Keep a clean, dated ledger.
An order is not money. Plan for enforcement — garnishment or seizure — from the start.
Owed rent or damage by a former tenant? Call our Toronto landlord and tenant team at 416-274-2222 to choose the right forum and collect.
Frequently Asked Questions
Yes. Ending the tenancy does not erase the debt. A landlord can pursue arrears and certain damage after move-out, most commonly through an L10 application at the Landlord and Tenant Board (if filed within one year) or through Small Claims Court.
An L10 is the Landlord and Tenant Board application a landlord uses to claim rent arrears and/or compensation from a former tenant after the tenant has moved out. It generally must be filed within one year of the tenant vacating.
For an L10 at the LTB, the application generally must be filed within one year of the tenancy ending. In Small Claims Court, the usual limitation period is two years from when the claim was discovered. Choosing a route affects the deadline that applies, so do not delay.
If you are within the one-year window and the claim fits (arrears and related compensation from a former tenant), the L10 at the LTB is often the natural route. If that window has passed, the amount is larger or more complex, or the matter falls outside the LTB's scope, Small Claims Court (up to $50,000) may be the better or only option. You generally cannot pursue the same debt in both.
Yes, both arrears and compensation for damage can be pursued after move-out, subject to the deadlines and to proving the amounts. Keep your ledger, lease, notices, and dated photos and invoices for any damage.
An order or judgment is not automatic payment — you have to enforce it. Options include garnishing wages or bank accounts and, in Small Claims Court, other enforcement tools. Enforcement is often easier if you know where the person works or banks, which is why gathering that information early matters.
There are filing fees at both the LTB and Small Claims Court, plus any cost of representation and enforcement. For smaller debts, weigh the likely recovery against the cost and effort. A brief consultation can help you decide whether pursuing it makes financial sense.
You can, but you need to be able to serve them and, ultimately, find assets or income to enforce against. Tracing a former tenant (current address, employer, bank) is often the practical key to whether a judgment is worth pursuing.